What is a marriage contract and what is it necessary for? Why do you need a marriage contract whether the marriage contract is concluded

07.06.2021

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The reverent attitude and limitless mutual understanding, an unrestrained passion and common interests are weighty arguments for a man who decided to make an offer to a woman about legalizing the Love Union. Pleasant wedding troubles and excitement waiting can combine newlyweds located on the threshold of a fateful event. However, in some cases, the problems in the family begin already at this stage. The results of misunderstanding that arose between the bride and groom on the basis of material values \u200b\u200bbecomes common – quarrels due to expenses and income, disputes about earning one of the parties and the need to purchase an expensive product.

In the current situation on the long-term family relationships, it is not necessary to reason - a divorce is unchanged consequence. To prevent the appearance between households of conflicts, the marriage contract becomes an alternative embodiment. In the inhabitants of the Russian Federation, such a word is associated with negative terminology, not alive anything good. How profitable is this procedure? How does such documentation affect the love relationship? Should I make a marriage contract? What is the sequence of actions to stick?

Initially, pragmatic spouses need at the time of negotiations to discard the spiritual and moral components of the personal image, and minimize the nobility, guided by life realities and its own advantage in the process of registration of a marriage contract. Having agreed with each other, the bridegroom with the bride detects the main items that should contain official documentation. The next step is to find a professional lawyer who is not interested in one of the parties. Partners are important to specify with a lawyer Features of the contract, which he will be able to make a right thing without allowing mistakes. By drawing up a document in writing, you need to go to the notary, which will check the paper for the correctness and lack of violations in accordance with the laws of the Russian Federation. After the responsible person of the marriage contract is assumed - the documentation is considered valid. In order not to think about whether you need to take care of the preparation of a marriage contract in time - the most effective way to prevent problems.

Functional purpose of the marriage contract

The newlyweds, who decided to conclude a similar contract, are convinced of the next thesis statement - "as a business project." The correctness of such a wording can be checked by deraiding in the peculiarities of the material agreement between spouses. The functional purpose of the marriage contract is concluded in the following aspects:

The rational section of shared property after official termination.
Designation of household, social, intimate rights and obligations inherent in spouses in the Union.
Distribution of family income and expenses stipulated by partners at the time of the conclusion of the marriage contract.
Advanced legalization of property rights that appeared in spouses in the process of joint residence.
Rights of children to the property of parents, including reception and extramarital offspring.
Partner involvement in the formation of an income part.
Individual offers and wishes of spouses who want to protect themselves in case of misunderstandings in relationships.

Based on the functions listed above, you can summarize the marriage unions in three large-scale categories where spouses coexist on certain conditions:

Separate property (rights to ownership of property transfers one of the parties).
Joint material values \u200b\u200b(things that appear in the co-stay process are divided between spouses in equal amounts).
Share property (the right to property is negotiated by partners in advance, so each part has personal material benefits).

The main advantage of the official agreement concluded invariably before the entry of lovers to a legitimate marriage is an opportunity to determine the model of material relationships between spouses in advance.

Features of the marriage contract: Who is it profitable?

The marriage contract is a profile service calculated on wealthy and materially secured people. It is not recommended to neglect the design of such a document:

successful businessmen and major entrepreneurs who, in the event of a disaster in love relationship, do not want to lose an impressive part of the property;
participants of the marriage, the feature of which is becoming tangible between the spouses;
the side that doubts the sincerity of the senses, thinking about the mercantility of the partner's intentions;
financially secured spouses who may have problems with the law;
pragmatic and prudent partners who do not want to experience extra problems in the event of a divorce;
the family in which the income level has increased dramatically;
parties that decided to take care of the well-being of joint children in advance;
spouses who have children from past marriages.

When making official paper, organizing the material relationships of spouses, it is important to consider the following factors:

the term of the official documentation that comes into force after the new cell in the society;
features of love relationships, consisting in the interaction of spouses in everyday life (life, children, communication, expenses and income);
financial guarantees that provide material security to both parties or one of the partners after the termination of the marriage union;
features of the behavior of a husband and wife with force majeure of circumstances;
in advance, agreed options for resolving controversial and conflict situations arising on the everyday ride schedule on the basis of material values.

Consider that the design of the marriage contract is a laborious process, because all wishes and preferences of spouses should be clearly formulated in paper. Inaccuracy in drawing up a contract may cause invalidity of documentation.

Advantages and disadvantages of the marriage contract

To determine the relevance of compilation, it is important to rationally approach the identification of advantages and minuses of such documentation. Weighing the arguments below, the newlyweds appear the opportunity to come to a general solution. The main benefits of official paper include the following aspects:

The spouses appear a clear awareness of the future in the event of a divorce. Husband and wife understand with what material benefits they will have to part.
Partners reserve the right to independently dispose of property acquired before the conclusion of a marriage contract. In families, where one of the parties has achieved a status position in society before the start of relations, this practice turns out to be indispensable.
Spouses can specify the options for developing events in force majeure situations in advance. In marriage contracts, it is often described by the Terms of Separate Property, if one of the parties change or violates other items prescribed in official documentation.
Partners will retain personal property if they have problems with law enforcement agencies. When one of the spouses appear debts, other family members may not worry about their material security.

The marriage contract has a number of characteristic advantages listed above, but does not deprive such documentation and deficiencies with which it is important to get acquainted in advance:

Stereotypes adopted by the social system of societies determine the shallow of the preparation of such a contract. For others, he testifies to the insincerity of the feelings between a man and a woman, becoming a characteristic sign of mercantility, pegs and greed. Newlyweds have not taken to raise a similar question on the family council.
Financial revenues of partners determine the irrelevance of a marriage contract. In such documentation, the couple does not have necessity, because the material value of joint property does not require judicial interventions.
In the official paper, the requirements, rights and obligations of spouses should be clearly formulated, eliminating the risk of incorrect contract. To avoid possible troubles in the contract, it is recommended to turn to a professional lawyer. The services of such an employee of a priori are not cheap, so partners must realize the need for additional financial investments in advance. Neglecting the help of a lawyer is an inappropriate solution, because the reality of incorrect paper can be successfully challenged in court.
Newlyweds avoid talking about such documentation so as not to ruin love relationships. In some people, marriage contracts are invariably associated with a divorce, so the tempting of fate solve units.

Spouses who decide to protect the future of such documentation, it is important to remember that the court can recognize the official paper invalid. If both sides violated the rules in advance in the contract, the force of this postulate is instantly annulled. In some cases, the relevance of the contract is reduced to zero due to the deprivation of the partner in the state order of rights to property - to share the participants of the Union becomes nothing. Situations associated with termination or changes in marriage contracts are dealt with judicial order, because the paper is certified by a notary. The above factors do not have weights, if the spouses lovely agreed on the division of property after the divorce (without relying on the arches present in official paper).

The relevance of the conclusion of a marriage contract is determined by the Family Council, where the spouses should adequately weigh the arguments "for" and the argument "against". In love is not recommended to be guided by generally accepted standards in Russia, where the premature section of the property becomes the personification of the divorce. Do not forget that with the help of a similar document, you will protect and order the material side of the union, excluding this soil.

February 20, 2014, 16:04

In life, there is a moment when a man and a woman decide to unite, create a family, give birth and raise children, live together with each other. This is a natural desire, this is a congenital instinct of continuing kind, it is happiness. But families also create in order to combine two families in a single whole business to put money into circulation to combine their connections and dating in certain circles and advance through the career ladder. Simply put, "profitably get married." From the moment the family began to be created for mercenary purposes and the concept of "marriage contract" appeared. The marriage contract became fashionable in recent years because secured people, concluding the bonds of the "profitable" marriage, realized that such a marriage becomes not at all favorable in the case of his decay and it is worth secure.

The history of the marriage contract (contract) goes very far away. The marriage contracts were also known as ancient Greece and an ancient Rome, when a man and a woman, before bonding their union of marriage, made a special agreement on the fate of jointly proven property. In Russia, such an agreement existed in the Doperer times when the parents of the bride and the bride verbally negotiated the property of both sides of the marriage in the event of a divorce or death. In Soviet times, the concept of "marriage contract (contract)" was not at all. After all, if we remember quite recently past century, we will understand that all property belonged to the state on the right of ownership.

As for the modern understanding of the concept under consideration, it appeared in 1996, when a revised Family Code of the Russian Federation came into force (hereinafter referred to as IC). Today, in accordance with paragraph 1 of Article 256 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) provides for the property by spouses during a marriage, is their joint property, if the contract between them is not established in other regime of this property. A st. 34 of the RF IC specifies this provision and says that spouses can build their property relations both on legitimate and on a contractual basis, as the marriage contract allows you to change the regime of joint property established by law.

From history and general provisions, we turn directly to specifics. So, you are on the threshold of marriage. What do you need to know about the marriage contract?

What is a marriage contract and what is it needed for?

The marriage contract (Treaty) is a written notarized agreement between a man and a woman concluded both before marriage and at any time of marriage about the fate of the property, which was owned by the parties before and after the conclusion of the contract.

By concluding the marriage contract, you can identify mutual rights and obligations, order and number of costs of joint income, the procedure for the division of property in the event of a marriage termination. In other words, who earns money, and who raises children and wash the dishes, who spends 1000 rubles, and who are 99,000 rubles. And in the case of termination of marriage, determine who the apartment will be departed to whom the car to whom the business, and to whom the cottage with the yacht, etc.

By concluding the marriage contract, you cannot determine the personal non-property relationships in it, to limit the right to appeal to the court of one of the spouses, limit the right-and capacity of the spouse, to establish the communication regime with children after the dissolution of marriage, refuse to pay alimony, establish a preliminary refusal of one of the spouses on the testament, etc.

In what cases should it be concluded?

We would advise you to conclude a marriage contract when it clearly looks around that the marriage is with "profitable" and in the future your "second half" can claim a substantial part of your property, to the detriment of you. The advantage of a marriage contract in such cases is that it makes clarity in family and property relations, avoids trouble. We also advise you to conclude a contract when the spouse (a) has certain debt obligations or is dealing with a circulation of large funds, so that later your bloodstamps is not allowed into circulation by bailiffs as a common property of owl spouses. If you may have to change your place a residence permit to another country, the marriage contract here will also help, since it is easier to resolve the issue of the place of residence and education of children.

What includes a marriage contract?

If you decide to conclude a marriage contract, we advise you to include provisions on the fate of real estate, capital, business, joint property and debts. It is also worth specifying financial support in the event of unemployment and the conclusion of a second marriage.

Is it possible to terminate the marriage contract?

Yes. The marriage contract may be terminated by mutual consent of the spouses. When it becomes, finally, it is clear that all these formalities are for nothing. The marriage contract can be terminated in an unfavorable setting. For example, by a court decision on the suit of one of the spouses, if another spouse violated the terms of the marriage contract. Also, the contract in question ceases in the event of the death of one of the spouses. But do not rush to kill your beloved, because law enforcement agencies in any case will be a consequence in connection with the unexpected death of your spouse! And, of course, the strength of the marriage contract is lost in the fulfillment of the former spouses of all due obligations.

Fat contracts are not very practiced. First, most of them someone who does not know about this version of the marriage, and who knows - certainly despises him and believes that it makes no sense to marry or get married in such a matter.

Secondly, when concluding marriage, a man and a woman swear to love each other forever! And the very fact of the wedding arises from mutual love and attraction. So it's not about what divorce initially and speech can not go. Although in our opinion, going married at 16 years and having an apartment presented by parents in the city - on the one hand, and marrying in 40 and having a part of the stock of the enterprise for the production of food products - on the other, it would be worth thinking about the fate of the property in an unexpected unpleasant situation.

In European countries and America, the marriage contract is a fairly common phenomenon.

In Russia, this legal institution is not so popular. Many couples that are at the beginning of their path believe that the marriage contract lays feelings and brings the divorce. This is not true. In fact, the marriage contract is able to strengthen the feeling of love and respect. After all, it is often a problem that can ruin marriage is property disputes. And if the spouses have determined everything in advance - there is no reason for a quarrel.

Of course, the marriage agreement has both positive and negative sides. Sophisticated couples, reflecting on the need for its design, we will tell about all the "pros" and "minuses" of this document.

In the RF IC and legal practice, the concept of "marriage contract" does not apply, but the formulation of the "marriage contract" is used. However, in everyday life, the document is still called a "contract".

The marriage contract is a written, notarized agreement concluded by a man and a woman on a voluntary basis. The agreement begins to act since the registration of the marriage relationship.

The provisions of the marriage contract are provided for by Chapter 8 of the RF IC (Article.st.40 - 46).

The contract regulates the property of the matrimonial couple. Sign it after marriage or before registration of the Union. The marriage agreement should be distinguished from the property section agreement. The latter is drawn up in the process of termination of marriage and is designed, in most cases, resolve conflict and controversial moments. The marriage contract is made in advance, calmly negotiate all property issues. Couple, being in trusting relationship, takes into account the interests of each other, without pursuing mercenary motives.

What questions regulate the marriage agreement?

The contract predetermines the fate of the property, the owners of which are future spouses (acquired before the registration of the marriage union located in personal or share ownership). In addition, property that married couple plans to purchase during family relationships.

Marriage contract regulates the following relations:

share sharing;
mutual security: property responsibilities and rights of each of the spouses;
determination of property remaining owned by her husband and wife after the cessation of marriage;
volumes of formation of the revenue of the family budget;
other issues affecting the property interests of the married couple.

The obligations and rights of the parties specified in the Agreement may be limited to certain temporary segments or conditions in the case of which their implementation occurs.

The provisions of the contract should not limit the legal capacity or the capacity of the parties or create obviously unfavorable conditions for spouses. In addition, the Agreement should not contain paragraphs contrary to the norms of family legislation (for example, limit the voluntary marriage, change the order of registration of the Union, uniqueness, and so on).

The agreement is intended to regulate the property relations and should not affect non-property - the right to protect interests in court, personal relationships of men and women, alimony obligations and so on.

Marriage Contract - Positive and Negative Parties

The agreement is a legal instrument that effectively regulates family relations. At the same time, it has consists that are an obstacle for some marital couples. Consider more all the pros and cons of the marriage contract.

Pros of marriage contract

The agreement conclude both during their lives and to the registration of relationships.

Please note: the contract signed to the registration of the Union acquires legal significance after marriage.

Using the Treaty, the married couple determines who is the owner of a certain property before registration of marriage, in the process of family life, after a divorce.

An important question is the determination of the fate of things acquired during their livelihood. By entering into an agreement, the parties are entitled to produce a section in nature (determine, for example, that the vehicle belongs to the spouse, and the refrigerator and TV - spouse), or establish the share ownership (for example, in the ownership of the husband - 2/3 of the entire property, in the ownership of the wife - 1/3). Spouses can also keep overall joint property.

The contract determines who will belong to the things received as a gift.

Multiple disputes and disagreements arise due to gifts. At the weddings, newlyweds are given apartments, cars, washing machines. The spouse gives the spouse jewelry, and the wife presents a gift to her husband expensive status toys. Further fate of such gifts is determined by a marriage agreement.

The marriage agreement regulates the issues of the property section arising from the dissolution of the marriage.

Perhaps someone witnessed the divorce of relatives, and someone himself survived the divorce. And he knows that the property section is able to deliver many troubles. And if during the matrimonial life, expensive things were acquired, the struggle between bred can turn the fierce. A married couple who failed to achieve agreement in a peaceful way is forced to apply to the court, where the marriage process will be long and unpleasant. All these moments can be avoided by concluding a marriage agreement.

In the contract, the spouses organize material and financial issues.

A married couple has the right to provide for any conditions corresponding to the actual state of financial affairs: to form a general profitable part, to establish obligations on the expenditure part of the family budget, plan significant purchases, distribute the acquired property between the parties.

The contract contains credit and debt issues.

Debt duties of her husband and wife, as well as joint property, will be divided after a divorce. In the agreement, you can envisage who and how to fulfill debt obligations.

The marriage contracts distribute income and expenses of each of the spouses.

Who will bear the obligations on the content of the family and in what size, and who has the right to spend personal savings at their discretion? What amount of earnings will go to common needs, and what will remain as accumulations? In the marriage agreement, the spouses organize and plan a family budget. And, of course, distribute the consuming part. Up to the one of the parties to acquire food, and who is to repay utility bills.

The contract provides financial issues related to the content of a disabled spouse after the cessation of marriage.

The legislator establishes an alimony obligations on the maintenance of disabled spouses. In the marriage agreement, you can include additional reasons for the payment of financial assistance, to establish the size, the period of payments, other conditions.

Minuses marriage contract

Indeed, the agreement has many advantages. However, there are also cons.

Negative attitude of society.

Most Russians believe that such a contract is from mercenary and malicious motivations. For some, indecent is considered to stipulate the financial side of living together before registration of the marriage union. However, the contract is evidence of the openness and honesty of marital relations.

Lack of significant income.

Most of our compatriots get low income. Therefore, the conclusion of the contract for them is simply irrelevant.

Need to pay notary services.

When executing the contract, making a change or termination, the document must be assured notarially. You need to be prepared for visits to a notarial office, and this requires temporary and material costs. How much does the marriage treaty in Russia cost, you will learn by reading our.

Changes in legislation.

The norms of family or civil legislation are changed. In such cases, the Agreement needs to be amended. Otherwise, the document is invalid.

Legal practice knows the precedents when the Treaties were considered illegal, since at the time of the divorce did not comply with legal norms. In such cases, married couples had to produce a section in accordance with the law.

Ambiguity of wording.

The text should not contain ambiguous wording, as it entails conflict and judicial claims. A high probability is that such an agreement is invalid. To make a legally competent and detailed document, take into account all the nuances, it is necessary to attract a qualified specialist whose services are expected expensive.

How to competently compile a marriage contract, we told in.

Limit conditions.

Some spouses consider it appropriate to reflect in the agreement not only property and financial, but also other significant parties of family life. For example, stipulate the conditions for ensuring minors at a divorce or order of the property section after death. The law prohibits this. In addition, it is forbidden to include provisions relating to the personal relations of the spouses.

A marriage agreement that regulates other relations (except for property and financial) is invalid.

Manipulations, fragrances, coercion.

No one can ensure that everything will be taken into account in the contract and transparently. Even if the parties draw out a voluntarily agreement, there is a possibility of coercion or manipulation. In particular, this refers to the marriages in which the spouses are in an unequal material situation.

The marriage agreement is associated with the property section and divorce.

Lovers, which are at the beginning, believe that the divorce will not affect them. And why then spend time and means to conclude a contract. And in a psychological plan, such an agreement focuses newlyweds for a possible divorce, destroys trust relationships. It seems that the representative of the married couple who proposed to arrange a contract, tries to provide for waste paths and secure in the event of a breaking of relations.

When should I enter into a marriage contract?

According to statistics, contracts are drawn up not more than 7% of our compatriots registering the Union. In developed European countries, the marriage contract - the phenomenon is traditional, it is concluded 70% of married couples.

The contract is beneficial to the newlyweds that register an unequal marriage or those who have significant material wealth. The agreement is also beneficial for owners of large and medium-sized businesses that do not wish to lose their property after the collapse of the family.

Is it necessary to enter into a marriage contract - to solve you. However, consider that such a document is intended to regulate property relations - both in marriage and after its termination. To date, the contract is a modern decision of financial issues between husband and wife.

From the article you will learn: what is a marriage agreement, pros and cons, requirements for its compilation and the main purpose of this legal document for a couple.

Few people know that the right of newlyweds to regulate the property rights and obligations through the compilation of a marriage agreement, was enshrined in the Family Code and guaranteed its articles more than 20 years ago. The Russian newlyweds, as well as those who already stay in marriage, began to use the same right of marriage, which cannot be said relatively recently, which cannot be said about the citizens of Eastern European countries and Americans. For them, fixing the main conditions for the use, possession and disposal of common joint property, both throughout the marriage, and in the case of its termination, has not been new, so no negative emotion or even more so aid offer to conclude a marriage contract does not cause.

What is a marriage contract? What conditions of compilation must be implemented so that the document acts and was legally binding? What exactly can be guaranteed by the agreement? Answers to these, as well as other issues relating to the conclusion of the transaction of this kind, you can find in the presented material. The information contained in the article is relevant and fully complies with the prescriptions of the current legislation.

What is a marriage contract, the requirements for the document

In accordance with the current family legislation, the marriage agreement is a civil contract, the parties of which are newlyweds, planning to register their relations in the registry office, or spouses who are married.

The main purpose of the document is to resolve relations between the parties to the contract, and only those rights and obligations that concern the property of future or existing spouses are subject to regulators. So, the contract may be provided for the right of her husband and wife to receive half of all property in the event of a marriage, regardless of the presence of children and their age. In addition, in the contract you can fix the list of types of property, which will not be distributed to the mode of general joint ownership, that is, such property that will not be subject to section even when divorced.

That the agreement was legalIt must meet the legislative requirements. These include:

points of the contract should not contradict the norms of the law. Thus, the Agreement cannot contain a clause that fully depriving juvenile children's right to maintain in the event of a marriage between their parents, at the same time as parties to the contract;
compulsory details of the document are signatures of the parties, the date of its compilation;
the marriage contract is made only in writing;
the finished agreement is subject to a notarial certificate. Before signing the contract by the Parties, the notary is obliged to clarify the newlyweds the consequences of the conclusion of this transaction, if necessary, to dwell on the details of the individual items of the contract.

Note! If you do not plan to make special items in the contract, significantly distinguish it from similar contracts, you can write the text of the document alone. Otherwise, it is better to apply for help to a lawyer or stipulate the conditions for providing this service with a notary, which will make an agreement.

It should be noted that in the content of the marriage contract, if you wish the parties (one hand), you can make amendments. If, with changes to the text of the document, both spouses agree, legislative restrictions on the implementation of this action. In the event that a husband or wife against the change agreement, the issue is solved in court.

The main purpose of the marriage contract, its content

As mentioned earlier, the main purpose of the conclusion of the transaction, the consequence of which is the signing of a marriage contract, is to give spouses with property rights and establish their responsibilities.

It should be noted that in addition to property relations, the contract can regulate the relationship between parents and children. For example, according to the terms of the agreement, that of the spouses who initiate a marriage termination procedure can lose not only property rights to real estate or car, but also the right to communicate with children. Before you decide on the divorce, the potential intruder will think a hundred times, is it worth going to such sacrifices or can you try to keep the family? In view of the foregoing, it can be concluded that the marriage contract is called not only for fixing the main points of property relations between spouses, but also to strengthen family bonds.

establishing the share of each side of the contract in the event of a marriage termination. According to family legislation, when divorced, the total joint property is subject to separation between spouses in equal shares. In the contract you can also change the size of the share of husband and wife, moreover, the side, the violating terms of the agreement can be deprived of property right to an apartment or a car acquired in marriage in general. As for private property, that is, the property purchased by her husband or wife before marriage, the terms of use of such property can be stated in the contract. Some pairs prescribe a wedding contract with the possibility of transition of private property in the overall joint. The term, after which the mode change is allowed, is pre-stipulated with newlyweds, and then prescribed in the contract. As a rule, this period is from 15 to 20 years. If, over time, the spouses wish to reduce this period, they can amend the content of the agreement. In the presence of the consent of the parties, it is quite possible;
obligations of her husband and wife during the period of marriage. So, in the contract you can specify the duty of the husband / wife to contain parents of the second of the spouses. At the same time, in the event of a marriage termination, that of his parties, which allocated money for the content, is entitled to demand compensation for spent funds at the expense of general joint property. Residents of Eastern European countries are more advanced in this matter, they negotiate almost everything: duties for cooking, child care. Intimate relationships will not be ignored. As for the Russians, at this stage of the development of the subsequent marriage relationship, the focus on the preparation of a marriage contract is paid to property rights, and not to solve issues of secondary importance;
grounds for termination of marriage relations. The most common cause of divorce, which is most often prescribed in the marriage agreement, is treason;
providing funds for the maintenance of a wife or husband. The contract may accommodate a list of circumstances whose offensive is the basis for providing funds for content. So, the duty of the spouse / spouse to provide their second half may result from the loss of disability, as well as in the event of a marriage termination. The amount and terms of payments are also negotiated by the parties to the contract and are recorded in its content;
conditions for managing joint property. For example, if the spouses are owners of a large company, then in the contract you can specify their duties for managing. Along with this, as a rule, the responsibility is established for the failure to fulfill its duties.

Important! The prescriptions of the marriage contract can not put her husband or wife in an extremely disadvantageous financial situation, as well as violate the rights of children to parents and other types of assistance until reaches the latest majority. If the terms of the agreement contradict the norms of legislation, in subsequently it can be disputed in court.

Advantages and disadvantages of the marriage contract

Although at first glance, the marriage contract is not romantic, and partly mercantile feelings, his advantages is still much more than flaws. The biggest advantage of the agreement is that it is this document that is sometimes a deterrent forcing her husband or wife to change its decision and save the family. That is, in fact, the contract does not give spouses to act thoughtlessly, and sometimes even stupid.

In addition, the marriage contract has a number of other advantages:

property rights of spouses in the event of a marriage termination are already defined, so there will be no additional "delegation";
availability of the ability to change the property mode (from private to joint), make changes and amendments to the content of the document;
in the absence of a paragraph in the contract, providing for the transfer of property from the category of private property to the general, real estate and vehicles acquired before marriage, remain owned by their original owner.

As for the minuses of the agreement, then there are no obvious flaws as such. Is that the opportunity to lose everything in the event of a violation of the terms of the contract, but this is no longer a minus, but a reminder of responsibility, which may come when evasion of one of the parties to the contract from fulfilling its obligations.

In view of the foregoing, it can be concluded that the marriage contract disciplines the spouses so to speak and makes more clarity into their family relationships, and this in some cases is significantly better than irresponsibility and inexpensive, due to the presence of which many family couples make a decision to terminate marriage. As a result, not only former spouses suffer, but also their children.

The design of the marriage contract is the practice common in developed countries, helping to protect its property rights in the event of a divorce. Alas, many do not support this procedure, seeing an act of distrust in it to their partner, which often gives rise to difficulties during

It is important to understand that not all relationships are durable, and an attempt to protect yourself does not mean the absence of faith in a joint future. After making a marriage will help without unnecessary problems and litigation to distribute property, acquired before and during rolling life. The agreement between spouses can be considered as a refusal of the general formula of the section of things in half in favor of fair and comfortable conditions for a pair of conditions.

What is a marriage contract?

In different countries there are unequal approaches to the definition of this concept. Russia is an agreement in which material issues are regulated, the duties of spouses are determined.

It is important to understand that the contract cannot include provisions regarding communication with children or distribution of work on the house. It can only be what has material value - money, real estate or things. Thus, spouses can organize future expenses, impose a responsibility for the payment of alimony to children or each other and determine who in the event of a divorce will get an apartment, and who will receive a car. If the spouses have acquired expensive property, there is nothing shameful in making a marriage contract after marriage. The pros and cons of the signing of the contract have their own specifics in the CIS countries due to the fact that this type of document appeared here not so long ago and is significantly different from the practice in the West.

Benefits of marriage contract

Everyone knows how the property is distributed during the dissolution of the marriage - the spouses are htched throughout the joint life divide the spouses divide equally. This method is not always fair, since many conditions are overlooked - sometimes a wife or husband works more and buys some things on their own money, and then loses them during the divorce procedure.

A couple that makes up a marriage contract after the conclusion of marriage and having common children can protect them, making provisions for the benefit of the spouse that will remain with the baby (leave an apartment for him and ensure the payment of alimony). There are cases when one of the partners takes a loan to its name, the repayment of which also requires regulatory. Despite the fact that the spouses are rarely decided to make a marriage contract after making marriage, the advantages of its signing clearly outweigh the minuses.

Agreement for comfortable living together

The marriage contract is important not only in the process of the section of things when divorced. Sometimes one spouse has no opportunity to sell any thing due to the fact that the partner is abroad or does not want to agree to the transaction, which is why it cannot gain strength. If the contract states that this thing belongs exclusively to her husband or wife, then the decision to sell it independently.

Cons of the preparation of a marriage contract

A common reason, due to which many pairs refuse to enter into an agreement are the perception of a document as a sign of distrust and selfishness. Not everyone is ready to start family relationships with the thought of their end. The marriage contract is based on the protection of its material interests, which contradicts a tale of a duty and happy marriage. If you want to protect yourself and your property, it is worth discussing this with a spouse. In addition to the misunderstanding, with whom people face, wanting to make a marriage contract after the conclusion of marriage, the cons of this type of contract are well known to the inattentive people and possessors of a soft character. When signing the agreement, there is a possibility of including unfair conditions. If you are doubts about the doubts about whether the contract matches your interests, do not hurry to sign it. For example, one of the spouses can convince the partner to leave the right to an apartment behind him, justifying it with a large salary size, while the importance of home work remainsless.

When can I make a marriage contract?

Couples, decisive to draw up a contract, often draw it up before the marriage process. In such cases, the document begins not to act from the moment of its writing, but on registering spouses in the registry office.

The couple has the right to make a marriage contract after the marriage conclusion, regardless of the duration of the joint life and the number of properties. Even a married couple with adult children, a common apartment and a cottage can arrange such a contract. The contract compiled by her husband and his wife becomes valid immediately after its signing. If you wish the spouses, it can gain strength to any other date - for this, you need to make appropriate instructions into the text.

What to include in the Agreement?

Being not able to understand how to make a marriage contract correctly, after making marriage, many couples throw this idea. In fact, everything is not so difficult. Mandatory list of issues that must be regulated in the contract does not exist, and therefore a person without legal education can write it. Before drawing up a document, it is necessary to inspect the property and discuss with a partner, what things will remain for each of you in the case of a divorce. It is important to solve all disagreements before concluding the contract. In addition to the distribution of the existing property, it is possible to make provisions on things that will appear from spouses in the near future. In a marriage contract, it will be necessary to be responsible for non-compliance with its conditions.

Thing	Decision
Property regime	Equity, joint or separate
Property	Who will get things and real estate in the event of a marriage termination?
Debentures	Who should pay a loan?
Alimony	Who transfers money to children or spouse? Size and term of payments
	What part of the profit is common and personal property?
Family expenses	On whom underlies the cost of paying utilities, on vacation, medical care, car maintenance and other

What should not be in a marriage contract?

There is no accurate form for drawing up the contract, so the spouses have the right to make things there all that they consider it necessary. The marriage contract after the marriage is possible, even with provisions that do not comply with the prescriptions of the legislation, they simply will not be considered valid. Each person has a number of rights that are guaranteed by the state and cannot be cut off by a marriage contract, even if he voluntarily agreed to it.

As already mentioned, the document should concern only property issues. The rights and obligations of spouses during family life cannot be regulated by a marriage contract. Also, the document cannot be limited to communicate one of the spouses with children, decide who will live with them in the event of a divorce. This question is considered in court during the dissolution of marriage. From the document cannot regulate the question of the section of things in the event of the death of one of the spouses, as it is prescribed in the will.

Bugs in the marriage contract

Sometimes the parties include contradictory theses in the contract. If similar errors are detected during the broken-producing process, often this issue is already solved in court. In order to avoid such situations, it is recommended to draw up a contract independently, but by the help of a notary.

If you detect errors in the already signed document you can make changes to it. In addition, spouses have the right to edit and remove some provisions or supplement them as needed and the emergence of new circumstances that need to be resolved.

Marriage contract and credit

During a collaboration, a family couple often occurs to buy expensive items for general use on credit. In such cases, the obligation to repay debt is often designated on both spouses. Composing a marriage contract after the conclusion of marriage, the property purchased on credit, it is necessary to issue the ownership of one of the spouses. In this case, the obligation to repay the debt lies only on this person, and the creditors need to be warned.

How to conclude a marriage contract?

To be considered valid, it must be certified by the notary. If the spouses are confident that they know how to make a marriage contract after making marriage, they can do it yourself. Nevertheless, it is better to seek help to a lawyer to take into account all the nuances and prevent serious mistakes. A professional will help not only give the agreement the correct form, but also to find decisions in the event of disagreements and pay attention to aspects, missed by spouses. The price of such a service depends on the company in which you decide to turn.

If the spouses want to independently make a marriage contract after making marriage, a sample document can be asked for a notary. For an additional fee, it can check and correct the text of the contract.

Agreement, as well as any other document, it is necessary to give the right form, respectively, the current practice.

Part of the Treaty
Top Page	City and time drawing up document
Contract persons	Name, date of birth, passport number and place of registration of each spouse
Category of marriage relationship	Data from Marriage Certificate
The fact of signing the contract	The reason and purpose of the formulation of a marriage contract
Main part	Property rights and obligations of the parties
Confirmation of consent	Names and signatures of spouses

To properly compile a marriage contract after the marriage is concluded, the sample caps is desirable to transfer to your project by changing only its data:

"City _____

"__" ____ ____

Citizen of the Russian Federation ________ 19__ years of birth, living at: _____, and a citizen of the Russian Federation ______ 19__ years of birth, living at: ____, registered ____ (organ name) "__" ______ ________, marriage certificate Series № ______ , have concluded this Agreement on the following: ______________________________________________________________. "

Documents in the design of the contract

In order for the notary to assure a marriage contract, he needs to provide a list of documents whose list depends on which issues are addressed in the draft agreement:

three copies of the text of the contract (one for the archive that the notary will leave in itself, and two for the married couple);
passports husband and wife (also desirable to have copies with them);
certificate of marriage;
documents confirming the ownership of real estate, transport or objects in question in the Agreement;
documents obtained when taking a loan or mortgage;
certificates of health status and birth certificate, if there are provisions for the payment of alimony in the contract;
help on the income of each of the spouses.

Conditions for concluding a marriage contract

Under certain circumstances, even the contract certified in the notary will not be considered valid. The signing of a marriage contract must be voluntary. If pressure was put on one of the spouses, threatened, blackmailed, and he will confirm this in court, the marriage contract after the marriage or termination is concluded. If one of the parties of the treaty at the time of its signing was not capable, and this is confirmed by the contract will also not have the strength.

If some provisions of the Agreement do not comply with the rules, they do not come into effect, while other items are mandatory for implementation.

Termination of marriage contract

Termination of the contract is easiest to achieve with the consent of both spouses. In this case, the pair must be issued an agreement on the termination of the contract and assure it with the notary. To write this document, no need to adhere to the exact form, and therefore you can do without the help of a professional.

If one of the spouses want to terminate the marriage contract after the conclusion of marriage, when he has already received legal force, and his partner refuses to sign an agreement, this procedure is in court. To approve the application, the initiator of the process must have significant reasons for termination of the document. The basis may serve a serious violation of the contract by his spouse or significant changes in the conditions under which this agreement was drawn up. In order for the court to consider a statement, you need to make a written request for the termination of the contract to your partner, provide it with a court along with the refusal and confirmation of the violation of the college terms of the agreement if they are.